MINUTES CITY COUNCIL MEETING November 6, The Wayne City Council met in regular session at City Hall on Tuesday, November 6,

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1 MINUTES CITY COUNCIL MEETING November 6, 2018 The Wayne City Council met in regular session at City Hall on Tuesday, November 6, 2018, at 5:30 o clock P.M. Mayor Jill Brodersen called the meeting to order, followed by the Pledge of Allegiance, with the following in attendance: Councilmembers Cale Giese, Rod Greve, Jennifer Sievers, Terri Buck, Jason Karsky, Matt Eischeid, and Nick Muir; City Attorney Amy Miller; City Administrator Wes Blecke; and City Clerk Betty McGuire. Absent: Councilmember Jon Haase. Notice of the convening meeting was given in advance by advertising in the Wayne Herald on October 25, 2018, and a copy of the meeting notice and agenda were simultaneously given to the Mayor and all members of the City Council. All proceedings hereafter shown were taken while the Council convened in open session. Mayor Brodersen advised the public that a copy of the Open Meetings Act was located on the south wall of the Council Chambers and was available for public inspection. In addition, she advised the public that the Council may go into closed session to discuss certain agenda items to protect the public interest or to prevent the needless injury to the reputation of an individual and if such individual has not requested a public hearing. Councilmember Sievers made a motion, which was seconded by Councilmember Buck, to approve the minutes of the meeting of October 16, 2018, and to waive the reading of said minutes. exception of Councilmember Haase who was absent, the Mayor declared the motion carried and the Minutes approved. The following claims were presented to Council for their approval: VARIOUS FUNDS: FISCAL YR B.J. SCHONING, SE, ; B.J. SCHONING, SE, 10.00; BIG STONE TRANSPORTATION & LANDSCAPE SUPPLY, SU, ; BIG STONE TRANSPORTATION & LANDSCAPE SUPPLY, SU, -3,460.00; BORDER STATES INDUSTRIES, SU, ; BORDER STATES 1

2 INDUSTRIES, SU, ; CROUCH RECREATIONAL DESIGN, SE, ; CROUCH RECREATIONAL DESIGN, SE, ; CROUCH RECREATIONAL DESIGN, SE, ; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, ; DGR & ASSOCIATES, SE, ; JOSEPH C BECKER, RE, 3.00; JOSEPH C BECKER, RE, -3.00; NE DHHS, SE, 43.49; NE PUBLIC HEALTH ENVIRONMENTAL LAB, SE, ; OCC BUILDERS, SE, ; THE PENDER TIMES, SU, ; THOMPSON, LUCAS, RE, ; THOMPSON, LUCAS, RE, ; FISCAL YR A TO Z VAC N SEW, SU, 31.99; ACES, SE, ; AMAZON.COM, SU, ; AMERICAN BROADBAND, SE, ; AMERITAS, SE, 72.00; AMERITAS, SE, 92.30; AMERITAS, SE, ; AMERITAS, SE, 60.16; APPEARA, SE, ; APX, SU, ; ARNIE'S FORD, SE, ; BENSCOTER INC, RE, ; BENSCOTER INC, RE, ; BOARD OF EXAMINERS COUNTY, FE, 30.00; BORDER STATES INDUSTRIES, SU, 1,487.19; BOWERS, DARLENE, RE, ; CENTURYLINK, SE, ; CHEMQUEST, SE, ; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, 90.25; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, 89.08; CITY EMPLOYEE, RE, ; CUMMINS CENTRAL POWER, SE, ; DAS STATE ACCTG- CENTRAL FINANCE, SE, ; DEARBORN NATIONAL LIFE, SE, ; DEMCO SOFTWARE, SU, ; DISPLAY SALES, SU, ; EAKES OFFICE PLUS, SE, 56.81; ECHO GROUP, SU, 53.40; ED M. FELD EQUIPMENT, SU, ; ENGINEERED CONTROLS, SU, ; FASTENAL, SU, ; FIRST CONCORD GROUP, FE, ; FLOOR MAINTENANCE, SU, ; GEMPLER'S, SU, ; GERHOLD CONCRETE, SU, ; GROSSENBURG IMPLEMENT, SU, ; HASEMANN, SCOTT, RE, ; HELENA AGRI-ENTERPRISES, SU, 44.00; HILAND DAIRY, SE, ; HOMETOWN LEASING, SE, ; HTM SALES, SE, ; ICMA, SE, ; INTERSTATE BATTERY SYSTEM, SU, 69.95; INTERSTATE INDUSTRIAL SERVICE, SU, ; IRS, TX, ; IRS, TX, ; IRS, TX, ; ISLAND SPRINKLER SUPPLY, SU, 32.41; JACK'S UNIFORMS, SU, 59.90; JEO CONSULTING GROUP, SE, ; KATHLEEN A LAUGHLIN, CHAPTER 13 TRUSTEE, RE, ; KORN, RICHARD, RE, ; LINHART CONSTRUCTION, SE, ; MADISON CO COURT, RE, ; MONAHAN, PHILLIP, RE, ; MONTERROSO, IVAN, RE, ; NE DEPT OF ENVIRONMENTAL QUALITY, FE, ; NE DEPT OF LABOR, FE, ; NE DEPT OF REVENUE, TX, ; NE MUNICIPAL CLERKS ASSOC, FE, 45.00; NE PUBLIC HEALTH ENVIRONMENTAL LAB, SE, ; NORTHEAST NE INS AGENCY, RE, 90.00; NORTHEAST POWER, SE, ; ODEYS, SU, ; POLICE OFFICERS' ASSOCIATION OF NE, FE, ; PRONUNCIATOR, SU, ; SEBADE CONSTRUCTION, RE, ; SELECT APPLIANCE, SE, 79.00; SKARSHAUG TESTING LAB, SE, ; STADIUM SPORTING GOODS, SE, 22.00; STAPLES, SU, 3.87; STAPLES, SU, ; STATE FARM INSURANCE, SE, ; STATE NEBRASKA BANK & TRUST, RE, ; TOM'S BODY & PAINT SHOP, SE, ; UNITED HEALTHCARE, SE, ; US BANK, SU, ; VIAERO, SE, ; WAYNE COMMUNITY SCHOOLS, SE, ; WAYNE COUNTY COURT, RE, ; WESCO, SU, ; WISNER WEST, SU, ; BATTERY SOLUTIONS, SU, ; BLACK HILLS ENERGY, SE, ; BOMGAARS, SU, 34.20; BROWN SUPPLY, SU, ; CARHART LUMBER CO, SU, ; CITY EMPLOYEE, RE, 72.00; CITY EMPLOYEE, RE, 14.93; CITY EMPLOYEE, RE, ; CITY EMPLOYEE, RE, ; CITY OF PONCA, RE, ; CITY OF WAYNE, RE, ; CITY OF WEST POINT, RE, ; CITY OF WISNER, RE, ; CIVICPLUS, FE, ; DAVE'S DRY CLEANING, SE, 90.00; EASYPERMIT POSTAGE, SU, ; ED M. FELD EQUIPMENT, SU, ; EDM PUBLISHERS, SU, 99.49; GILL HAULING, SE, ; HILAND DAIRY, SE, 57.27; HURNER, CASEY, RE, 25.00; IAEI, FE, ; JACK'S UNIFORMS, SU, 47.90; JWC ENVIRONMENTAL, SU, 1,735.69; KATELYN 2

3 DAVIS, RE, ; KATELYN DAVIS, RE, ; KLEIN ELECTRIC, SU, ; LUTTER, BETH, RE, 25.00; MILLER LAW, SE, ; NEBRASKA ENVIRONMENTAL PRODUCTS, SU, ; NEOPOST, SU, ; NMPP ENERGY, SE, ; ONE CALL CONCEPTS, SE, 61.56; PAC N SAVE, SU, ; PAC N SAVE, SU, 2.97; PONCA RURAL FIRE BOARD, RE, ; PROGRESSIVE PROPERTIES, RE, ; PROGRESSIVE PROPERTIES, RE, ; QUALITY FOOD CENTER, SU, 7.99; STATE ELECTRICAL DIVISION, FE, 50.00; STATE NEBRASKA BANK-PETTY CASH, RE, ; STATE NEBRASKA BANK-PETTY CASH, SU, 80.00; THRASHER, RE, ; TYLER TECHNOLOGIES, SE, ; VILLAGE OF WINSIDE, RE, ; WAED, SE, ; WAYNE AUTO PARTS, SU, ; WAYNE COUNTY CLERK, SE, 42.00; WAYNE HERALD, SE, ; WAYNE STATE VOLLEYBALL FOUNDATION, SE, ; WAYNE VETERINARY CLINIC, SE, ; WAPA, SE, Councilmember Sievers made a motion, which was seconded by Councilmember Greve, to approve the claims. Mayor Brodersen stated the motion, and the result of roll call being all Yeas, with the exception of Councilmember Haase who was absent, the Mayor declared the motion carried. Doug Carroll was present requesting Council consideration to naming the Community Activity Center Fitness/Weight Room after the late Bob Keating. Bob Keating was very instrumental in getting the activity center started. In addition, he served on the Recreation- Leisure Services Commission. Councilmember Giese made a motion, which was seconded by Councilmember Greve, approving the request of Doug Carroll to name the Community Activity Center Fitness/Weight Room after the late Bob Keating. Mayor Brodersen stated the motion, and the result of roll call being all Yeas, with the exception of Councilmember Haase who was absent, the Mayor declared the motion carried. Dave Hix, representing Wayne State College and the Construction Manage Program at the college, was present to request Council consideration to allowing the College to purchase 175 brick pavers for $.75 per brick. The sale price is $1.00. This is for a project they are doing on campus. This is a service learning project for the students. After discussion, Councilmember Eischeid made a motion, which was seconded by Councilmember Karsky to give, at no charge, 175 city pavers/bricks to Wayne State College. 3

4 exception of Councilmember Haase who was absent, the Mayor declared the motion carried. Micky Rutenbeck requested Council consideration to waiving the requirements of Wayne Municipal Code, Chapter 152 Zoning, Section Fences and Screens. He would like to construct an 8 fence around his property. He submitted a letter from his doctor, as required by the ordinance, verifying that an 8 fence is needed. Councilmember Giese made a motion, which was seconded by Councilmember Muir waiving the requirements of Wayne Municipal Code, Chapter 152 Zoning, Section Fences and Screens, which would allow Micky Rutenbeck to construct an 8 fence. Councilmember Eischeid stated he is against 8 fences in town, regardless of any type of situation, which is why he will vote no. exception of Councilmember Haase who was absent and Councilmember Eischeid who voted Nay, the Mayor declared the motion carried. The following two Resolution would amend the water service and use rates and the sewer service and use rates as recommended/presented by the Randy Hellbush of the Nebraska Rural Water Association. Administrator Blecke stated this is a three-year commitment. With this increase, the $75,000 that is currently being subsidized from sales tax to the sewer fund, that is not included in this. In fiscal year 19, we would prorate it back to February 1 st if you approve the rates as is. With this, the water fund would be collecting about an extra $200,000 a year to go towards a transmission main. At these rates, he is hoping that the subsidy from the water fund to the sewer fund can be eliminated or decreased. He would like to get both funds self-sufficient, so they are truly enterprise funds. These increases will take effect with the mid-december/mid-january usage or the bill that is received February 1 st. 4

5 Councilmember Sievers introduced Resolution No and moved for its approval; Councilmember Giese seconded. RESOLUTION NO A RESOLUTION TO ESTABLISH RESIDENTIAL, COMMERCIAL AND SPECIAL USE WATER SERVICE AND USE RATES. Councilmember Sievers introduced Resolution No and moved for its approval; Councilmember Giese seconded. RESOLUTION NO A RESOLUTION AMENDING SEWER SERVICE AND USE RATES. Administrator Blecke stated the City received three bids on the Riley s demolition project. The said bids ranged from $36,800 to $149, After review of the same, staff is recommending that the contract be awarded to the low bidder, Milo Meyer Construction for $36,800. Councilmember Sievers introduced Resolution No and moved for its approval; Councilmember Greve seconded. RESOLUTION NO A RESOLUTION ACCEPTING BID AND AWARDING CONTRACT ON THE RILEY S BUILDING DEMOLITION PROJECT MILO MEYER CONSTRUCTION FOR $36,800. Administrator Blecke stated that we received one bid on the Southview II Ditch Grading Project. Said bid was from Milo Meyer Construction for $30,900. The engineer s 5

6 estimate on this project was $12,000. The engineer on the project, Advanced Consulting Engineering Services, is recommending that the bid be awarded to Milo Meyer Construction for $30,900. Mr. Blecke stated he felt that the engineer s estimate was low, because there are some unknowns. The additional $19,000 would come out of the community development fund. Steve Meyer, representing Milo Meyer Construction, was present to answer questions. Mr. Meyer explained to Council the reasons his bid was higher than the engineer s estimate. He noted he would not charge the City any more than he has to. Councilmember Giese introduced Resolution No and moved for its approval; Councilmember Sievers seconded. RESOLUTION NO A RESOLUTION ACCEPTING BID ON THE SOUTHVIEW II DITCH GRADING PROJECT MILO MEYER CONSTRUCTION FOR $30,900. The following Resolution would approve Amendment No. 1 to the Engineering Agreement with JEO Consulting Group, Inc., on the 2018 Wayne Pedestrian Curb Ramp Project. This amendment to the original engineering agreement with JEO Consulting Group is a result of adding additional design phase services on the project. It incorporates eleven additional sidewalk replacement locations into the final plans, as well as designing curb ramp improvements for five intersection radii along the north side of 3 rd Street from Douglas to Pearl. Staff is recommending the basic services fee for $5,500. The supplemental fee for the additional design phase services is estimated at $11,090. Councilmember Sievers introduced Resolution No and moved for its approval; Councilmember Giese seconded. RESOLUTION NO

7 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE ENGINEERING AGREEMENT WITH JEO CONSULTING GROUP, INC., FOR ADDITIONAL SERVICES FOR THE WAYNE 2018 PEDESTRIAN CURB RAMP PROJECT FOR $11,090. Administrator Blecke stated the following Resolution would approve an Agreement with JEO Consulting Group, Inc., for the Sanitary Sewer System Extension South Windom Street Project. Said agreement is for engineering services to extend sanitary sewer 210 feet on South Windom Street. Staff recommendation is to approve the Basic Service fee of $5,500 for this project. This will help provide sanitary sewer service to this area when this gets developed. Councilmember Giese introduced Resolution No and moved for its approval; Councilmember Greve seconded. RESOLUTION NO A RESOLUTION APPROVING AGREEMENT WITH JEO CONSULTING GROUP, INC., FOR PROFESSIONAL SERVICES RELATING TO THE SANITARY SEWER EXTENSION SOUTH WINDOM STREET PROJECT FOR THE BASIC SERVICE FEE OF $5,500. City Attorney Miller stated that the City received three proposals/offers to purchase the railroad right-of-way property (Tax Lots 8 and 9 of the vacated railroad right-of-way, Section 4, T26N, R4, East of the 6 th P.M., Wayne County, Nebraska). In order to be a valid offer for a purchase agreement for real estate, there are certain elements that need to met. It has to be in writing, and include the following: legal description, amount, names of the buyer and the seller, and a potential closing date. The only proposal that met these elements was the proposal from Jack and Bev Beeson for $15, They had an attorney drop off a signed purchase agreement and an earnest money deposit. 7

8 $15, The recommendation is to accept the proposal/offer from Jack and Bev Beeson for Councilmember Giese introduced Resolution , and moved for its approval; Councilmember Eischeid seconded. RESOLUTION NO A RESOLUTION AUTHORIZING THE SALE OF THE CITY OWNED RAILROAD RIGHT-OF-WAY PROPERTY (TAX LOTS 8 AND 9 OF THE VACATED RAILROAD RIGHT-OF-WAY, SECTION 4, T26N, R4, EAST OF THE 6 TH P.M., WAYNE COUNTY, NEBRASKA) TO JACK D. BEESON AND BEVERLY A. BEESON, HUSBAND AND WIFE, FOR $15, Councilmember Sievers introduced Ordinance , and moved for approval thereof; Councilmember Greve seconded. ORDINANCE NO AN ORDINANCE DIRECTING THE SALE OF THE CITY OWNED RAILROAD RIGHT-OF-WAY PROPERTY (TAX LOTS 8 AND 9 OF THE VACATED RAILROAD RIGHT-OF-WAY, SECTION 4, T26N, R4, EAST OF THE 6 TH P.M., WAYNE COUNTY, NEBRASKA) TO JACK D. BEESON AND BEVERLY A. BEESON, HUSBAND AND WIFE, FOR $15, Councilmember Sievers made a motion, which was seconded by Councilmember Buck, to suspend the statutory rules requiring ordinances to be read by title on three different days. exception of Councilmember Haase who was absent, the Mayor declared the motion carried. Councilmember Sievers made a motion, which was seconded by Councilmember Buck, to move for final approval of Ordinance No Mayor Brodersen stated the motion, and the result of roll call being all Yeas, with the exception of Councilmember Haase who was absent, the Mayor declared the motion carried. 8

9 Councilmember Sievers introduced Ordinance No , and moved for approval of the second reading thereof; Councilmember Karsky seconded. ORDINANCE NO AN ORDINANCE TO AMEND WAYNE MUNICIPAL CODE TITLE IX GENERAL REGULATIONS, CHAPTER 91 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, SECTION KEPT CLEAN; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES AND SECTIONS; AND TO PROVIDE FOR AN EFFECTIVE DATE. The third and final reading will take place at the next meeting. The following Ordinance would establish a stop sign on Grainland Road going east before turning left onto Sherman Street. Councilmember Sievers introduced Ordinance , and moved for approval thereof; Councilmember Muir seconded. ORDINANCE NO AN ORDINANCE AMENDING TITLE VII TRAFFIC CODE, PROHIBITIONS AND ENFORCEMENT, SECTION STOP SIGN LOCATIONS; WEST OF MAIN STREET, SOUTH OF SEVENTH STREET; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES OR SECTIONS; AND TO PROVIDE FOR AN EFFECTIVE DATE. Councilmember Eischeid made a motion, which was seconded by Councilmember Buck, to suspend the statutory rules requiring ordinances to be read by title on three different days. Councilmember Eischeid made a motion, which was seconded by Councilmember Buck, to move for final approval of Ordinance No Mayor Brodersen stated the 9

10 motion, and the result of roll call being all Yeas, with the exception of Councilmember Haase who was absent, the Mayor declared the motion carried. Joel Hansen, Street & Planning Director, presented Change Order Nos. 2 and 3 on the 2 nd Street Storm Sewer Improvement Project which is an increase of $4, and $4, respectively to Robert Woehler & Sons Construction Company, Inc. Change Order No. 2 is for the construction of a 10 PCC NDOR type 47B and to adjust a manhole to grade. Change Order No. 3 is for the installation of a curb grate inlet and lowering 36 RCP to get under the water main. This brings the total dollar amount of the change orders to $27, on this project. Councilmember Giese made a motion, which was seconded by Councilmember Eischeid, approving Change Order No. 2, which is an increase of $4, to Robert Woehler & Sons Construction Company, Inc., for the 2 nd Street Storm Sewer Improvement Project. exception of Councilmember Haase who was absent, the Mayor declared the motion carried. Councilmember Giese made a motion, which was seconded by Councilmember Muir, approving Change Order No. 3, which is an increase of $4, to Robert Woehler & Sons Construction Company, Inc., for the 2 nd Street Storm Sewer Improvement Project. Mayor Brodersen stated the motion, and the result of roll call being all Yeas, with the exception of Councilmember Haase who was absent, the Mayor declared the motion carried. Advanced Consulting Engineering Services presented Contractor s Application for Payment No. 4 on the 2 nd Street Storm Sewer Improvement Project for $76, to Robert Woehler & Sons Construction Company, Inc. Councilmember Eischeid made a motion, which was seconded by Councilmember Buck, approving Contractor s Application for Payment No. 4 for $76, to Robert Woehler & Sons Construction Company, Inc., for the 2 nd Street Storm Sewer Improvement Project. exception of Councilmember Haase who was absent, the Mayor declared the motion carried. 10

11 A pay request (No. 7) has been received from OCC Builders, LLC, for the Wayne Golf & Country Club Clubhouse Improvement Project for $65, The architect on the project has approved the same. Councilmember Giese made a motion, which was seconded by Councilmember Greve, approving Pay Application No. 7 for $65, to OCC Builders, LLC, for the Wayne Golf & Country Club Clubhouse Improvement Project. Mayor Brodersen stated the motion, and the result of roll call being all Yeas, with the exception of Councilmember Haase who was absent, the Mayor declared the motion carried. Councilmember Giese made a motion, which was seconded by Councilmember Sievers, to adjourn the meeting. Mayor Brodersen stated the motion, and the result of roll call being all Yeas, with the exception of Councilmember Haase who was absent, the Mayor declared the motion carried and the meeting adjourned at 6:37 p.m. 11